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S1043aa..............................................by JUDICIARY AND RULES
SEXUAL PREDATORS - NOTICE - Amends existing law to provide that
notification of the Sexual Offender Classification Board's designation of
an offender as a violent sexual predator will be served on the offender
within ten working days of the designation and will be served on the
sheriff in accordance with the offender's status.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/06 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Deide, King-Barrutia
Floor Sponsor -- Davis
Title apvd - to House
03/09 House intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
03/28 3rd rdg as amen - PASSED - 67-0-3
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood,
Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young(Young), Mr.
Speaker
NAYS -- None
Absent and excused -- Kellogg, Pischner, Wood
Floor Sponsor -- Montgomery
Title apvd - to Senate
03/29 To enrol
Rpt enrol - Pres signed
03/30 Sp signed - to Governor
04/02 Governor signed
Session Law Chapter 286
Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1043
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING
3 SECTION 18-8319, IDAHO CODE, TO PROVIDE THAT NOTIFICATION OF THE SEXUAL
4 OFFENDER CLASSIFICATION BOARD'S DESIGNATION OF AN OFFENDER AS A VIOLENT
5 SEXUAL PREDATOR WILL BE SERVED UPON THE OFFENDER WITHIN TEN WORKING DAYS
6 OF THE DESIGNATION AND UPON THE APPROPRIATE SHERIFF AS SOON AS THE
7 OFFENDER'S RESIDENCE INFORMATION IS MADE AVAILABLE; DECLARING AN EMERGENCY
8 AND PROVIDING A RETROACTIVE EFFECTIVE DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-8319, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep-
13 tion identified in section 18-8320, Idaho Code, the offender and the sheriff
14 of the county in which the offender resides or intends to reside upon release
15 shall be notified by the board that an offender has been designated as a vio-
16 lent sexual predator. This notice shall be in the form of the board's written
17 findings.
18 (2) The board shall serve a copy of its written findings to the offender
19 at the same time the board serves the copy to the sheriff within ten (10)
20 working days of the date that designation has been made. Service of the writ-
21 ten findings will be made upon the appropriate sheriff as soon as residence
22 information is made available.
23 (3) The board's notice to the offender shall also inform the offender:
24 (a) That the offender may challenge the designation as a violent sexual
25 predator by judicial review;
26 (b) That unless application is made to the court of the county in which
27 the offender resides or intends to reside on or before the date set forth
28 in the notice, which shall be no more than fourteen (14) calendar days
29 after the notice is given, the offender shall be deemed to have waived the
30 right to challenge the designation;
31 (c) That the offender has the right to retain counsel and that counsel
32 will be provided by the court if the offender cannot afford counsel; and
33 (d) How such application should be made if counsel is not retained. If
34 counsel is not retained, a simple letter delivered to the courthouse in
35 the county of the offender's residence, which encloses a copy of the
36 board's written findings and indicates the offender's objection or dis-
37 agreement with it, shall suffice.
38 (4) Upon determining that the offender has not received the board's
39 notice pursuant to this section, the board shall notify the sheriff of the
40 county in which the offender resides. This notice shall be in writing and
41 shall be delivered in a manner which will ensure receipt by the sheriff. Upon
42 request of the board, the sheriff may personally serve the offender with the
43 board's notice, or the sheriff may verify the offender's address and advise
2
1 the board in order that notice may once again be served. If, after the second
2 attempt to serve the offender, the board or sheriff determines that the
3 offender has evaded service or attempted to evade service, the matter shall be
4 referred for prosecution pursuant to section 18-8311(3), Idaho Code.
5 SECTION 2. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval, and retroactively to January 1, 2001.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Davis
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1043
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 21, delete "appropriate"; in lines
3 21 and 22, delete "as soon as residence information is made available" and
4 insert: "in accordance with the offender's status.
5 (a) Notice shall be served upon the sheriff of the county in which the
6 offender resides within ten (10) working days of the date that designation
7 has been made, if the offender is not incarcerated.
8 (b) If the offender is awaiting release from incarceration, notice shall
9 be made upon the sheriff of the county in which the offender intends to
10 reside no less than seven (7) days prior to the offender's release.
11 (c) In the event the offender has not specified a residence plan prior to
12 his release, notice shall be made upon the sheriff of the county in which
13 the offender is released from incarceration, and upon the sheriff of the
14 county in which the offender initially resides and registers after
15 release".
16 CORRECTION TO THE TITLE
17 On page 1, in line 6, delete "APPROPRIATE"; and in lines 6 and 7, delete
18 "AS SOON AS THE OFFENDER'S RESIDENCE INFORMATION IS MADE AVAILABLE" and
19 insert: "IN ACCORDANCE WITH THE OFFENDER'S STATUS".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1043, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING
3 SECTION 18-8319, IDAHO CODE, TO PROVIDE THAT NOTIFICATION OF THE SEXUAL
4 OFFENDER CLASSIFICATION BOARD'S DESIGNATION OF AN OFFENDER AS A VIOLENT
5 SEXUAL PREDATOR WILL BE SERVED UPON THE OFFENDER WITHIN TEN WORKING DAYS
6 OF THE DESIGNATION AND UPON THE SHERIFF IN ACCORDANCE WITH THE OFFENDER'S
7 STATUS; DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 18-8319, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep-
12 tion identified in section 18-8320, Idaho Code, the offender and the sheriff
13 of the county in which the offender resides or intends to reside upon release
14 shall be notified by the board that an offender has been designated as a vio-
15 lent sexual predator. This notice shall be in the form of the board's written
16 findings.
17 (2) The board shall serve a copy of its written findings to the offender
18 at the same time the board serves the copy to the sheriff within ten (10)
19 working days of the date that designation has been made. Service of the writ-
20 ten findings will be made upon the sheriff in accordance with the offender's
21 status.
22 (a) Notice shall be served upon the sheriff of the county in which the
23 offender resides within ten (10) working days of the date that designation
24 has been made, if the offender is not incarcerated.
25 (b) If the offender is awaiting release from incarceration, notice shall
26 be made upon the sheriff of the county in which the offender intends to
27 reside no less than seven (7) days prior to the offender's release.
28 (c) In the event the offender has not specified a residence plan prior to
29 his release, notice shall be made upon the sheriff of the county in which
30 the offender is released from incarceration, and upon the sheriff of the
31 county in which the offender initially resides and registers after
32 release.
33 (3) The board's notice to the offender shall also inform the offender:
34 (a) That the offender may challenge the designation as a violent sexual
35 predator by judicial review;
36 (b) That unless application is made to the court of the county in which
37 the offender resides or intends to reside on or before the date set forth
38 in the notice, which shall be no more than fourteen (14) calendar days
39 after the notice is given, the offender shall be deemed to have waived the
40 right to challenge the designation;
41 (c) That the offender has the right to retain counsel and that counsel
42 will be provided by the court if the offender cannot afford counsel; and
43 (d) How such application should be made if counsel is not retained. If
2
1 counsel is not retained, a simple letter delivered to the courthouse in
2 the county of the offender's residence, which encloses a copy of the
3 board's written findings and indicates the offender's objection or dis-
4 agreement with it, shall suffice.
5 (4) Upon determining that the offender has not received the board's
6 notice pursuant to this section, the board shall notify the sheriff of the
7 county in which the offender resides. This notice shall be in writing and
8 shall be delivered in a manner which will ensure receipt by the sheriff. Upon
9 request of the board, the sheriff may personally serve the offender with the
10 board's notice, or the sheriff may verify the offender's address and advise
11 the board in order that notice may once again be served. If, after the second
12 attempt to serve the offender, the board or sheriff determines that the
13 offender has evaded service or attempted to evade service, the matter shall be
14 referred for prosecution pursuant to section 18-8311(3), Idaho Code.
15 SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE
RS 10542
When a sex offender has been reviewed by the Sexual Offender
Classification Board and subsequently designated as a violent
sexual predator, notice of the board's decision is served on
the offender and the sheriff of the county in which the
offender resides or intends to reside upon release from
prison. Statute mandates this notice to be served on the
offender and sheriff at the same time. This practice is
frequently impossible or impractical to accomplish. It is the
board's goal to review incarcerated offenders up to 6 months
prior to their scheduled release. Occasions arise where the
offender has made no release plan at the time of the board's
review. It serves no purpose to notify a sheriff of the
county in which an offender is incarcerated, as the
designation only applies to individuals when they are living
in the community. This proposal modifies the language to
direct the notice to be served to the offender within 10
working days of the designation and notice sent to the
appropriate sheriff as soon as residence information is made
available.
FISCAL NOTE
No impact on state or local funds is anticipated from this
change.
CONTACT
Name: Kathy Baird,Department of Correction
Phone: 658-2149
Statement of Purpose/Fiscal Note S1043